Brian Culbertson Collaboration Contest
Official Contest Rules
BRIAN CULBERTSON CONTEST OFFICIAL RULES
These Official Rules ("Rules") govern your participation in the BRIAN CULBERTSON CONTEST ("Contest"). Participation in the Contest constitutes your full and unconditional agreement to and acceptance of these Rules as well as the Kompoz Terms of Service posted at http://www.kompoz.com/compose-collaborate/terms.music; so, it is important that you read and understand them.
1. The Contest is sponsored and run by Kompoz, LLC, headquartered in Miami FL, USA, ph. (305) 439-2938, and Brian Culbertson.
2. Entry Period: The Contest's audio elements will go online at 8:00 a.m. EST on October 1st, 2011. You may enter the Contest by submitting songs on http://www.kompoz.com from 8:00 a.m. EST on October 1st 2011 until 11:59 p.m. EST on December 31th, 2011.
3. Who is Eligible? The Contest is offered only to natural persons older than 13 years of age as of the date of entry. Employees, independent contractors, officers, and directors of Sponsors, their respective shareholders, agents, representatives affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal advisors ("Sponsors' parties"), and the immediate family members and persons living in the same household of such persons, are not eligible to participate in the Contest. The Contest is open to amateur musicians only. Musicians whose recorded works have sold more than 10,000 copies, together or separately, are not eligible to compete. Void where prohibited by law.
4. How to Enter: To enter, submit an original song created using one or more of BRIAN CULBERTSON's tracks provided for this contest, and which have been made available at the Contest page at http://www.kompoz.com/contest/brianculbertson. Your entry must include one or more of BRIAN CULBERTSON's tracks. Songs should include music you create yourself, and/or material in the public domain, and/or other material you have express permission to use and license in accordance with Rule 5.
For the avoidance of doubt, you acknowledge and agree that the tracks made available by BRIAN CULBERTSON are copyrighted material. You further acknowledge and agree that you must attribute BRIAN CULBERTSON and Kompoz whenever you use any musical tracks created for this contest, but not in such a way as to imply any endorsement, approval or affiliation with or BRIAN CULBERTSON or Kompoz.
IF YOU USE CONTENT THAT YOU ARE NOT AUTHORIZED TO USE, YOU ARE NOT ENTITLED TO ENTER THIS COMPETITION AND YOUR ENTRY WILL AUTOMATICALLY BE DISQUALIFIED BY THE SPONSORS AND NOT CONSIDERED BY THE JUDGES.
Any person or group may enter no more than 5 entries as desired, but each individual or group entrant is only eligible for one prize. A person may not collaborate on more than 5 songs in this contest. Furthermore, only one mixdown track per Kompoz project may be submitted to the contest.
To be eligible for the prizes (described below in (7)), an entrant or group of named entrants, must be the sole author and copyright owner of the song, or must have express permission (via license or otherwise) to use or incorporate those portions of the song authored or owned by third parties and license the song in accordance with these Rules. Any materials that infringe the rights of any third party (ie. materials used without express permission of the copyright owner) may not be used.
5. Format of Entries: Entries must be in the form of a song created by you for this contest, licensed under a Creative Commons license. Entries that are created or licensed after the contest end date are not eligible.
6. What others may do with your song: By submitting an entry as part of the Contest on http://www.kompoz.com, you agree to license that material to the rest of the world under a Creative Commons license available at http://creativecommons.org. All eligible entries will be made available to the general public for download on the http://www.kompoz.com website under the Creative Commons license. Sponsors reserve the right to evaluate each entry's eligibility under the Rules as well as for compliance with the US Copyright Act and any and all other applicable laws. Entries may be removed from the http://www.kompoz.com site and disqualified from the Contest at the discretion of the Sponsors. By submitting an entry, you are representing and warranting that the content in your entry is authorized to be used by you and is licensed to the general public under a Creative Commons license. By submitting your entry, you also agree and acknowledge that you will receive no royalties from Sponsors, other contestants, or members of the general public who use your song consistent with the Creative Commons license.
7. Prizes: Winners will be selected by a panel of judges. The winning song will be streamed on Kompoz.com. Prizes are provided by contest sponsors and Kompoz, and are subject to change. Check the contest page for a current list of prizes. No purchase is necessary to enter.
Sponsors may modify or edit winning submissions to ensure the audio quality or for any purpose that Sponsors deem necessary or desirable. Sponsors reserve the right to undertake, or to instruct its representatives to undertake, such reasonable editing or modifications. All prize expenses and/or services not specified herein are not included and are the sole responsibility of the winner(s). No alternative prize, cash equivalent, or other substitution is permitted except by Sponsors, at Sponsors' sole discretion, in the event of prize unavailability. Prizes are nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winners.
8. Prize winners shall be responsible for shipping and/or any charges associated with prize delivery method. All prize expenses and/or services not specified are not included and are the sole responsibility of the winner. No alternative prize, cash equivalent, or other substitution is permitted except by Sponsor in the event of prize unavailability. Prize is nontransferable. All federal, provincial, state and/or local taxes are the sole responsibility of the winners. No cash substitution, transfers or assignments of prize allowed. In event of unavailability, Sponsor may substitute a prize of equal value. Kompoz makes no warranties with regard to, any prize given. The contest is void in whole or in part where prohibited by law.
9. Judging: Winners will be selected by a panel of judges. Judging will begin on January 1st, 2012. The winner will be announced by January 15th, 2012 via the Kompoz blog and newsletter.
All grading decisions are final. Sponsors reserve the right to disqualify any entry that is, in Sponsors' discretion, inappropriate, offensive or demeaning to Sponsors' reputation or goodwill, or contrary to Sponsors' mission or these Rules. Once the grading of the entries has been completed, the Sponsors will notify the winners via email and Kompoz.com private message using the information submitted by the entrants in their Kompoz member profile. If a winner fails to respond within 14 days of the date of the notification, that winner will be disqualified and the next highest scoring submission will be selected as an alternate winner and notified according to this procedure.
10. General Terms and Conditions: By participating, entrants agree that the Sponsors' parties are not responsible or liable for, and are released and held harmless from: (i) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (ii) any condition caused by events beyond the control of Sponsors that may cause the Contest to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Contest; (iv) any and all losses, damages, rights, claims and actions of any kind in connection with or resulting from participation in the Contest or acceptance of any prize, including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Sponsors reserve the right, in their sole discretion, to suspend or cancel Contest at any time if a computer virus, bug, or other technical problem corrupts the administration, security, or proper conduct of the Contest. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of participant and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Washington or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Washington.
11. Winners List/Official Rules: A copy of these Official Rules and a winners list may be obtained by sending an email request to firstname.lastname@example.org.
12. Privacy: By entering into this Contest you consent to the use of your name regarding use of all material entered and/or submitted for this Contest or otherwise collected by the Kompoz site. You also agree that your personal information, including name, address, telephone number, e-mail address, and other Kompoz profile data, may be sent electronically to BRIAN CULBERTSON and contest judges/panel.
12. DMCA Compliance: Sponsors comply with the provisions of the Digital Millennium Copyright Act (DMCA). In compliance with the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. If you have a concern regarding the use of copyrighted material on the Kompoz site, please contact the agent designated to respond to reports alleging copyright infringement. The designated agent for Kompoz to receive notification of claimed infringement under Title II of the DMCA is:
David Bercuson, P.A.
Town Center One, Suite 1813
8950 Southwest 74 Court
Miami, FL 33156